The vast majority of Brazilians have SUS as their only option when they need medical help. Therefore, although the unified health system is a real achievement for the country, especially in current times pandemicThe public service is not working the way it should.
This happens because, in practice, SUS cannot meet everyone who needs it within a reasonably good amount of time, so that the patient has to wait so long for medical treatment. As a result, in addition to psychological exhaustion while waiting, delays can often lead to a deterioration in the patient’s health.
It is worth noting that health is a fundamental right of the citizen enshrined in the Brazilian Constitution. Check what the legislation provides in Art. 6:
“These are the social rights of education, health, food, work, housing, transportation, recreation, security, social security, protection of motherhood and childhood, and assistance to the destitute, in the form of this Constitution.”
But after all, is there any rule that states a waiting period for a medical procedure? Learn more about this issue in the following topic:
How long can a person wait for surgery?
Previously, it is necessary to understand that although the topic of health appears frequently in the Brazilian constitution, there is no law regarding how long a patient should wait for examination, medical treatment or surgical procedures.
However, in a statement, the National Council of Justice’s Third Health Act Trip sought to set a deadline for waiting for such measures to be implemented.
As stated in Statement 93: “…waiting for more than 100 (one hundred) days for consultations and exams, and 180 (one hundred and eighty) days for surgeries and treatments is considered excessive.
In other words, people who have waited more than 100 days for a medical examination or consultation can go to court to claim care. The same is true for patients waiting for surgeries or medical treatment, however, the deadline for this group is 180 days.
It should be noted that the courts of justice considered the aforementioned statement and applied it to oblige the state to provide the required service. However, it is necessary to prove the state of health, through medical documents.
Finally, it should be noted that not always, the patient will receive immediate care, precisely because of the high demand for the SUS, which, in turn, will organize a priority order. This is even if the stipulated period is extrapolated.
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